Berry v. Tide Water Associated Oil Co.

HUTCHESON, Chief Judge.

Brought to cancel, and remove the cloud of, an “unless” oil, gas and mineral lease as to a portion of the land leased which had been assigned to the defendants, the suit sought a decree adjudging that, because of their failure to drill on or develop their assigned portion, the lease as to it had terminated and was of no . further effect.

Plaintiffs’ primary claim was that, under Mississippi law, upon the assignment of the segregated portion of the land, it became in effect a separate lease, with the result that instead, as before, of one producing well within the primary…